CCRFP 25-13 NJMEL Managed Care.pdf

MUNICIPAL EXCESS

LIABILITY

JOINT INSURANCE FUND

Executive Director Joseph P. Hrubash

CONTRACT SPECIFICATIONS & BID DOCUMENTS

FAIR & OPEN PUBLIC SOLICITATION

REQUIREMENTS FOR: COMPETITIVE CONTRACTING REQUEST FOR PROPOSALS

(CCRFP) FOR MANAGED CARE ORGANIZATION

CONTRACT NUMBER: RFP 25-13

BID DATE AND TIME: WEDNESDAY, NOVEMBER 12, 2025 AT 10:00 A.M.

RFP 25-13 CCRFP FOR MANAGED CARE ORGANIZATION

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MUNICIPAL EXCESS LIABILITY JOINT INSURANCE FUND

RFP 25-13 – CCRFP FOR MANAGED CARE ORGANIZATION

DOCUMENT CHECKLIST

Required by

MUNICIPAL

EXCESS

LIABILITY

JOINT

INSURANCE

FUND

Item Page

Initial each entry, and submit the required form if the box contains an

Document Checklist – COMPLETE AND SIGN i Legal Notice to Proposers – READ ii Schedule & Project Contacts – READ iii Instructions to Proposers and Statutory Requirements – READ 1-17 Insurance Requirements – READ 5-8 Vendor Information Sheet – COMPLETE 18 Business Registration Certificate – SUBMIT PRIOR TO AWARD 19

Mandatory Equal Employment Opportunity Language – Exhibit A Goods, Professional Service & General Service Contracts - READ 20-21

Affirmative Action Compliance Affidavit – Goods, Professional & General Service Contracts – SIGN 22

New Jersey Anti-Discrimination Provisions – SIGN 23 Americans with Disabilities Act of 1990 Language - READ 24 Ownership Disclosure Certification Form – SIGN 25-28 Acknowledgment of Principal (select one)– SIGN AND NOTARIZE 29-31 Non-Collusion Affidavit – SIGN AND NOTARIZE 32

Certification of Non-Involvement in Prohibited Activities in Russia or Belarus – COMPLETE 33

Disclosure of Investment Activities in Iran – COMPLETE 34-35 Consent of Surety – COMPLETE 36 Experience & Qualifications Questionnaire – COMPLETE 37-38

Certification of Proposer’s Status on the State Treasurer’s List of Debarred, Suspended, and Disqualified Contractors – SIGN 39

Acknowledgment of Receipt of Addenda – SIGN 40 General Requirements – READ 41-45

AFTER THE AWARD OF THE CONTRACT – SUBMIT WITH EXECUTED CONTRACT

Signed Agreement – SIGN AND SEAL 51-57 Performance Bond Bio Data & Disclosure Form – COMPLETE, SIGN AND NOTARIZE 46-50 IRS Form W-9 – COMPLETE ANDSIGN Certificate of Insurance 5-8

Corporate Name:

Signature: Date:

Print Name: Title:

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Notice to Bidders New Jersey Municipal Excess Liability Joint Insurance Fund

Notice is hereby given by the New Jersey Municipal Excess Liability Joint Insurance Fund that sixteen (16) Competitive Contracts in accordance with N.J.S.A. 40A:11-4.1 will be received by the Fund on November 12, 2025, 10:00 a.m. EST through an electronic platform, in accordance with N.J.A.C. 5:34-1 et. seq., on BidNet at https://www.bidnetdirect.com/new-jersey/meljif. At that time and place, the sealed proposals will be received for the following:

CC #25-02 Actuary CC #25-03 Attorney CC #25-04 Auditor

CC #25-05 Claims Administrator Excess Liability Litigation CC #25-06 Claims Administrator Excess Property

CC #25-07 Claims Administrator Excess Workers Compensation CC #25-08 Deputy Fund Attorney

CC #25-09 Graphic Designer CC #25-10 Internal Auditor – Financial Review CC #25-11 Internal Auditor – Insurance Review

CC #25-12 Legislative Agent CC #25-13 Managed Care

CC #25-14 Strategic Planning & Communications Consultant CC #25-15 Technical Writer

CC #25-16 Treasurer

For Zoom information and instructions on how to view the opening, contact: NJMEL Qualified Purchasing Agent, Matthew Cavallo, at mcavallo@laracyllc.com.

Bidders must comply with the requirements of N.J.S.A. 10:5-31 et seq. (Affirmative Action Law), N.J.A.C. 17:27 et seq., and submit the required Affirmative Action documents (AA-302 or a current Certificate of Employee Information Report).

The Fund will award these contracts through the Competitive Contracting Process in accordance with N.J.S.A. 40A:11-4.1 et seq. and N.J.A.C. 5:34-4.1 et seq.

Note: It is the bidder’s responsibility to ensure that the bid package is uploaded electronically by the bid opening date and time. No physical or email submissions will be accepted.

Report of Competitive Contract: In accordance with N.J.S.A. 40A:11-4.4(d), the summary report will be posted on the Fund’s website at http://www.njmel.org at least 48 hours before the commissioners take action on the award.

This procurement has been advertised on a “Fair and Open Basis” in compliance with N.J.S.A.

19:44A-20.7 (Pay-to-Play), and no further action is required under this legislation.

Cate Kiernan, ARM Senior Account Executive

PERMA

October 21, 2025 https://www.bidnetdirect.com/new-jersey/meljif mailto:mcavallo@laracyllc.com http://www.njmel.org/ iii

SCHEDULE

RELEASE SPECIFICATIONS: TUESDAY, OCTOBER 21, 2025

PRE-BID MEETING: NONE

DEADLINE FOR ALL QUESTIONS: MONDAY, NOVEMBER 3, 2025, AT 11:00 A.M.

ADDENDA, IF ISSUED: WEDNESDAY, NOVEMBER 5, 2026 AT 5:00 P,M

BID DATE AND TIME: WEDNESDAY, NOVEMBER 12, 2025 AT 10:00 A.M.

PROJECT CONTACTS

ALL QUESTIONS/CLARIFICATIONS SHOULD BE SUBMITTED IN WRITING

TO THE BELOW PURCHASING CONTACT

Purchasing Contact (Contracting Agent) Matthew Cavallo, MPA, CMFO, QPA Qualified Purchasing Agent mcavallo@laracyllc.com

Designated Project Administrator Cate Kiernan, ARM Senior Account Executive PERMA Risk Management Services 9 Campus Drive, Suite 216 Parsippany, New Jersey 07054 catek@permainc.com

Legal Contact Fred Semrau, Esq.

Fund Attorney 714 Main Street, PO Box 228 Boonton, New Jersey 07005 mailto:mcavallo@laracyllc.com mailto:catek@permainc.com

INSTRUCTIONS TO BIDDERS AND STATUTORY REQUIREMENTS

I. SUBMISSION OF BIDS

A. Sealed proposals shall be received by the Municipal Excess Liability Joint Insurance Fund, hereinafter referred to as “Fund,” in accordance with public advertisement as required by the laws of the State of New Jersey, with a copy of said Legal Notice being attached hereto and made a part of these specifications. The MEL is comprised of multiple affiliated Joint Insurance Funds (“JIFs”) and their respective member public entities throughout New Jersey. A current list of affiliated JIFs and their members is available at https://njmel.org/programs-and-affiliates/ and is incorporated herein by reference.

B. Proposals shall be submitted electronically via the BidNet Direct portal at https://www.bidnetdirect.com/new-jersey/meljif, the designated electronic procurement platform for the New Jersey Municipal Excess Liability Joint Insurance Fund (hereinafter referred to as the 'Fund'), in accordance with public advertisement and the laws of the State of New Jersey.

C. All proposal submissions must be made electronically through BidNet Direct. Paper submissions, including mailed or hand-delivered proposals, will not be accepted.

D. It is the proposer’s sole responsibility to ensure that the electronic proposal is successfully uploaded to the BidNet Direct portal prior to the date and time specified in the Legal Notice.

Proposals must be electronically submitted via https://www.bidnetdirect.com/new-jersey/meljif. Late submissions will not be accepted. The Fund will not be responsible for any technical difficulties or delays in submission experienced by the proposer. All submissions must be completed and time-stamped by the system before the proposal deadline.

E. Proposals submitted electronically through BidNet Direct may be withdrawn by the proposer prior to the proposal opening date and time by using the withdrawal function provided on the BidNet portal. After the proposal opening, all proposals shall remain firm and irrevocable for a period of ninety (90) calendar days, except as otherwise permitted by law.

F. More than one proposal per legal entity under the same name shall not be considered.

G. All prices and required information must be clearly entered either directly into the BidNet

Direct platform or on required forms to be completed, signed in ink, and uploaded as scanned PDF attachments. Proposals containing any conditions, omissions, unexplained alterations, items not called for in the proposal form, or irregularities of any kind may be cause for rejection by the Fund in accordance with applicable law. If a proposer uploads forms containing changes, strikeouts, or whiteouts, those changes must be initialed in ink by the person signing the proposal. Uninitialed alterations on required forms shall be considered a non-curable defect.

H. Each proposal form must give the full business address, business phone, email (or equivalent electronic communication), the contact person of the proposer, and be signed by an authorized representative as follows:

• Proposals by partnerships must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing.

• Proposals by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter.

• Proposals by sole-proprietorship shall be signed by the proprietor.

https://njmel.org/programs-and-affiliates/ https://www.bidnetdirect.com/new-jersey/meljif

• When requested, satisfactory evidence of the authority of the officer signing shall be furnished.

I. Proposer should be aware of the following statutes that represent “Truth in Contracting” laws:

• N.J.S.A. 2C:21-34 et seq. governs false claims and representations by proposers. It is a serious crime for the proposer to knowingly submit a false claim and/or knowingly make material misrepresentation.

• N.J.S.A. 2C:27-10 provides that a person commits a crime if said person offers a benefit to a public servant for an official act performed or to be performed by a public servant, which is a violation of official duty.

• N.J.S.A. 2C:27-11 provides that a proposer commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.

• Proposer should consult the statutes or legal counsel for further information.

J. Electronic Submission Platform Requirements

Proposers must be registered with BidNet Direct in order to submit proposals. Instructions for registration and electronic proposal submission are available at https://www.bidnetdirect.com/new-jersey/meljif. It is the proposer’s sole responsibility to ensure that its complete electronic proposal package is successfully uploaded and time-stamped by the proposal deadline. Late submissions will not be accepted.

II. BID SECURITY AND BONDING REQUIREMENTS

The following provisions if indicated by an on the submission checklist, shall be applicable to this proposal and be made a part of the proposal documents:

A. BID GUARANTEE

If required, Proposer shall submit with the proposal a certified check, cashier's check or proposal bond in the amount of ten percent (10%) of the total price of the proposal, but not in excess of $20,000, payable unconditionally to the Fund. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey, listed in the U.S. Treasury Circular 570, and acceptable to the Fund. The check or bond of the unsuccessful proposer(s) shall be returned pursuant to N.J.S.A. 40A:11-24a. The check or bond of the proposer to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted. The check or bond of the successful proposer shall be forfeited if the proposer fails to enter into a contract pursuant to N.J.S.A.

40A:11-21.

The Bid Bond shall include a valid Power of Attorney authorizing the Attorney-in-Fact to execute the documents. Failure to submit a proposal guarantee shall result in rejection of the proposal. Submission of the AIA Document 310, or any other form limiting or potentially limiting the penal sum of the bond to any amount less than 10% of the proposal price not to exceed $20,000 (such as forms of bond that limit the penal sum to the difference between damages or the proposal price and the Fund’s cost of the Work), do not meet the statutory requirements of N.J.S.A. 40A:11-21and shall be cause for rejection of the proposal.

B. CONSENT OF SURETY

If required, Proposer shall submit with the proposal a Certificate (Consent) of Surety with Power of Attorney for full amount of proposal price from a Surety Company authorized to do business in the State of New Jersey, listed in the U.S. Treasury Circular 570, have a minimum AM Best rating, e.g., “A-” or better, and acceptable to the Fund stating that it will provide said proposer with a Performance Bond in the full amount of the proposal. This certificate shall be obtained in order to confirm that the proposer to whom the contract is awarded will furnish Performance and Payment Bonds from an acceptable surety company on behalf of said proposer, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to N.J.S.A. 40A:11-22.

The Consent of Surety shall include a valid Power of Attorney authorizing the Attorney-in- Fact to execute the documents. Failure to submit a Consent of Surety form shall result in rejection of the proposal.

C. PERFORMANCE BOND

If required, the successful proposer shall simultaneously with the delivery of the executed contract, submit an executed bond in the amount of one hundred percent (100%) of the acceptable proposal as security for the faithful performance of this contract.

The Performance Bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey pursuant to N.J.S.A. 17:31-5. For multi-year contracts, the Performance Bond may be for continuous coverage or may be resubmitted each year on the Contract Anniversary Date for the amount remaining on the contract.

Failure to submit this with the executed contract shall be cause for declaring the contract null and void pursuant to N.J.S.A. 40A:11-22.

D. LABOR AND MATERIAL (PAYMENT) BOND

If required, the successful proposer shall with the delivery of the performance bond submit an executed payment bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract.

Failure to submit a Labor and Material (Payment) Bond with the Performance Bond shall be cause for declaring the contract null and void.

E. MAINTENANCE BOND

If required, upon acceptance of the work by the Fund and prior to release of the Performance Bond and any retainage held by the Fund, the contractor shall submit a Maintenance Bond, pursuant to N.J.S.A. 40A:11-16.3, in an amount not to exceed 5% of the contract price guaranteeing against defective quality of work or materials for the period of: 1 year.

III. INTERPRETATION, ADDENDA AND DISCREPANCIES

A. The proposer understands and agrees that its proposal is submitted on the basis of the specifications prepared by the Fund. The proposer accepts the obligation to become familiar with these specifications.

B. Proposers are expected to examine the specifications and related proposal documents with care and observe all their requirements. Ambiguities, errors or omissions noted by proposers should be promptly reported in writing to the appropriate official. Any prospective proposer who wishes to challenge a proposal specification shall file such challenges in writing with the Contracting Agent no less than three business days prior to the opening of the proposals. Challenges filed after that time shall be considered void and have no impact on the contracting unit or the award of a contract pursuant to N.J.S.A.

40A:11-13. In the event the proposer fails to notify the Fund of such ambiguities, errors or omissions, the proposer shall be bound by the requirements of the specifications and the proposer’s submitted proposal.

C. All requests for interpretation, clarification, or questions concerning the meaning of the specifications shall be submitted exclusively through the BidNet Direct platform at https://www.bidnetdirect.com/new-jersey/meljif, using the Question-and-Answer (Q&A) feature associated with the solicitation. Questions submitted by any other means, including email or telephone, will not be accepted or considered. In order to be given consideration, all questions must be submitted no later than three (3) business days prior to the date fixed for the receipt of proposals. Responses, clarifications, or addenda issued by the Fund will also be posted solely on the BidNet Direct platform. It is the responsibility of each proposer to monitor the platform for updates.

D. Official proposal specifications are available electronically at no cost to prospective proposers via the BidNet Direct platform at https://www.bidnetdirect.com/new-jersey/meljif. Proposers are solely responsible for ensuring they have downloaded all relevant documents, including any addenda. The Fund is not responsible for third-party versions of the proposal documents. Proposers are strongly encouraged to register with BidNet Direct to ensure they receive all updates and notifications.

E. All interpretations, clarifications, and any supplemental instructions will be issued as written addenda posted to the BidNet Direct platform. All addenda shall become part of the specifications and must be acknowledged by the proposer in the submission. Failure to acknowledge addenda shall be considered a fatal defect pursuant to N.J.S.A. 40A:11- 23.2(b).

Pursuant to N.J.S.A. 40A:11-23(c)(1), notice of addenda shall be provided to all parties who have received or submitted proposals. Addenda will be distributed through the BidNet Direct platform. Proposers are advised to check the portal regularly for updates and to ensure notifications from bidnetdirect.com are not routed to spam folders.

F. Discrepancies in Proposals If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used.

In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the Fund of the extended totals shall govern.

G. Alternate Proposals and Unit Prices for the various portions of work or Contracts shall be as stated in other Sections of the Specifications.

1. Attention is called particularly to the requirements for filling in all Alternate Proposals called for on the Proposal Form, as the Fund reserves the right to award a Contract based upon the possible inclusion of one or more such Alternate Proposals. The amounts of the Alternate Proposals shall include any and all modifications to related, adjacent or surrounding work made necessary by use of such Alternate Proposals.

The Alternate Proposals must be stated as additions to or deductions from the Base Bid, unless otherwise noted. The proposer shall clearly designate whether the change in price is an addition or subtraction, by selecting "ADD" or "DEDUCT". If an alternate item will not result in an increase or decrease in the base proposal, the proposer shall select "NO CHANGE". THE BIDDER MUST BID ON ALL SPECIFIED ALTERNATES.

The failure to proposal an alternate, by leaving an alternate amount blank or stating "no proposal" shall be considered a material defect, resulting in rejection of the proposal.

2. The Fund reserves the right to award a Contract based upon the possible inclusion of one or more alternate proposals. The amounts of the alternate proposals shall include any and all modifications to related, adjacent or surrounding work made necessary by use of such alternate proposals. No conditions, limitations or provision may be placed on a proposal.

H. Optional Pre-Bid Conference If stated in the Notice to Proposers and checked below:

A Pre-Bid Conference will not be held.

A pre-proposal conference for this proposal will be held on

_________________________ via ______________________________________.

Instructions for accessing the meeting will be posted to the BidNet Direct portal.

Attendance is not mandatory, but is strongly recommended. Failure to attend does not relieve the proposer of any obligations or requirements.

IV. BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE

A. Brand names and/or descriptions used in these specifications are intended to acquaint proposers with the general type, quality, and performance level of goods or services desired. Brand names serve as a standard of comparison against which equivalent or substitute items will be evaluated. Unless otherwise stated, references to brand names are not intended to limit competition.

B. Where a specification uses the term “brand name or equivalent,” the listed brand name shall be considered a reference for the functional or operational characteristics desired.

Any proposer proposing to furnish an equivalent item must provide full documentation as part of the electronic proposal submission through the BidNet Direct platform demonstrating that the item meets or exceeds the required specifications. Documentation may include product literature, technical specifications, test results, certifications, or other evidence of equivalency. Failure to submit adequate documentation with the proposal may result in rejection of the proposal on the basis of non-responsiveness.

C. In submitting a proposal, the proposer certifies that the goods and services to be furnished will not infringe upon any valid patent, copyright, or trademark. The successful proposer shall, at its own expense, defend any and all actions or suits charging such infringement and shall indemnify and hold harmless the Fund from any damages or costs resulting therefrom. The proposer further certifies that all goods supplied under the contract shall conform to any applicable warranties implied under the Uniform Commercial Code, N.J.S.A. 12A:2-314 et seq., including but not limited to the implied warranty of merchantability and fitness for a particular purpose.

D. The contractor shall guarantee all goods and services supplied under these specifications to be free from defects in materials and workmanship. Any defective, inferior, or non-conforming items shall be replaced at the contractor’s expense. The contractor shall also be responsible for any associated shipping, return freight, or restocking charges.

E. If any substituted or equivalent product proposed by the proposer includes hazardous substances as defined under the New Jersey Worker and Community Right to Know Act (N.J.S.A. 34:5A-1 et seq.), the proposer shall be responsible for proper labeling and submission of Material Safety Data Sheets (MSDS) in compliance with N.J.A.C. 8:59. All such documentation must be submitted at the time of delivery and upon request by the Fund or its designated representative.

V. INSURANCE AND INDEMNIFICATION

The insurance documents indicated by an shall include but are not limited to the following coverages. The successful proposer shall provide coverage so that all insurance coverage must be in effect no later than 12:01 A.M. EST at the start of the day of the contract and remain in effect for the duration of the contract, including any extensions.

Coverage shall not be terminated unless and until the Fund or its designated Risk Manager has acknowledged in writing that appropriate replacement insurance has been secured or the contract has been satisfactorily completed. All other policies required under this Contract shall remain in effect in full force and effect until the Contractor’s Maintenance Bond, if required, has been released.

A. INSURANCE REQUIREMENTS

1. Worker’s Compensation and Employer’s Liability Insurance

Worker’s Compensation Insurance shall be maintained in full force during the life of the contract, in accordance with statutory requirements pursuant to N.J.S.A.

34:15-12(a) and N.J.A.C. 12:235-1.6. This coverage shall include Employer’s Liability Insurance with limits of not less than $100,000 each accident, $500,000 policy limit for disease, and $100,000 each employee for disease.

2. Comprehensive General Liability Insurance General Liability Insurance shall be provided with a Combined Single Limit (CSL) of $1,000,000 per occurrence and $2,000,000 aggregate, covering bodily injury, property damage, and personal injury. Coverage must include broad form property damage, products and completed operations, and contractual liability, expressly covering liabilities assumed under this Contract.

3. Automotive Liability Insurance Automobile Liability Insurance shall be provided with a Combined Single Limit (CSL) of $1,000,000, covering all owned, non-owned, and hired vehicles.

Coverage shall remain in full force throughout the duration of the contract.

4. Professional Liability Insurance Professional Liability Insurance shall be maintained with limits of not less than $1,000,000 per claim and $1,000,000 aggregate, and shall be kept in effect for the duration of the contract and for a period of no less than two (2) years following final payment.

5. Bonding Requirements If required by the Fund Bylaws or N.J.A.C. 11:15-2 et seq., the Proposer shall furnish a Surety Bond in form and amount acceptable to the Fund’s governing body, prior to contract award or execution, as applicable.

6. Cyber/Privacy Liability Insurance and Cybersecurity Standards The Proposer shall maintain Cyber/Privacy Liability Insurance covering third-party claims arising from actual or alleged privacy breaches, including but not limited to HIPAA violations and the unauthorized access, disclosure, or loss of personally identifiable information (PII) or protected health information (PHI). Coverage shall also include first-party protection for Cyber Extortion, Cyber Crime, and events such as Ransomware and Social Engineering.

Minimum Coverage Limits:

Per Claim: $1,000,000. Aggregate: $1,000,000. Privacy Breach Notification and Credit Monitoring: $250,000 per occurrence

Cybersecurity Standards:

The Proposer shall implement and maintain the following cybersecurity practices throughout the term of the contract:

Account Management Multi-Factor Authentication (MFA) must be enabled on all work-related devices, applications, and web services used to perform services under this contract.

Complex passwords must be used on all work-related accounts, with a minimum of 12 characters or as required by NIST 800-63B (or updated standard).

Data Resilience All PII, PHI, and financial data must be encrypted or password-protected at rest and in transit.

A secure Virtual Private Network (VPN) must be used when accessing the internet outside the proposer’s office or connecting to services used under this contract.

All such data must be backed up daily to a secure, off-network location.

Patching and End-of-Life Compliance Operating system and application patches must be applied within 30 days;

critical security patches within 7 days.

No end-of-life applications or operating systems may be used for performing work under this contract.

Training Annual training on cyber hygiene, phishing, social engineering, and current cyber threats shall be mandatory for all personnel involved.

Breach Notification Any suspected or actual compromise of the Proposer’s network, systems, applications, or data related to this contract must be reported to the Fund within 24 hours of discovery.

7. Other Forms of Insurance required in these proposal specifications.

Additional Provisions

Failure to provide and maintain proof of insurance as required shall constitute a default under the contract. Whenever possible, the Municipal Excess Liability Joint Insurance Fund shall be named as an additional named insured on the Certificate of Insurance.

All carriers providing required coverage must be licensed to do business in the State of New Jersey, solvent, and acceptable to the Fund. No changes, material or otherwise, shall be made to any policy required under this section without prior written approval of the Fund.

Maintenance of the above insurance shall not be considered a limitation on the liability of the Proposer.

Any Proposer who takes exception to the insurance requirements listed above must clearly state such exceptions in writing and submit them with the proposal submission by the proposal due date. Exceptions submitted after the proposal deadline will not be considered. The Fund, in its sole discretion, reserves the right to accept or reject any exceptions submitted.

B. CERTIFICATES OF THE REQUIRED INSURANCE

Certificates of Insurance for those policies required above shall be submitted with the contract. Such coverage shall be with an insurance company authorized to do business in the State of New Jersey and shall name the Fund as a Certificate Holder and as an Additional Insured on a Primary & Non-Contributory basis including Waiver of Subrogation.

Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the Fund as an Additional Insured on a Primary & Non-Contributory basis including Waiver of Subrogation.

C. INDEMNIFICATION

The contractor shall indemnify and hold harmless the Fund, its Commissioners, member municipalities, officers, agents, consultants, and professionals from all claims, suits or actions, and damages or costs of every name and description to which the Fund may be subjected or put by reason of injury to the person or property of another, or the property of the Fund, resulting from a) negligent acts or omissions on the part of the contractor, the contractor's agents, servants or subcontractors in the delivery of goods and services, or in the performance of the work under the contract; and, b) the use of any copyrighted or copyrighted composition, valid trademark, secret process, patented or unpatented invention or article furnished or used in the performance of this contract.

D. Subcontractor’s shall be required by the Contractor to provide the same type of insurance as required of the principal Contractor, but within the limits as follows:

1) Worker’s Compensation and Employer's Liability Insurance - $500,000

2) Commercial General Liability Insurance - $1,000,000

3) Comprehensive Automobile Liability Insurance - $1,000,000

The contractor shall not allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained submitted and approved by the Fund. Approval of the insurance by the Fund shall not relieve or decrease the liability of the Contractor hereunder. Certificates and policies of insurance covering each subcontractor shall also be filed with the Fund before any work is begun by a subcontractor and shall expressly state the same indemnification language as indicated above.

VI. PRICING INFORMATION FOR PREPARATION OF BIDS

A. The Fund is a tax-exempt public entity and will not be responsible for the payment of any

New Jersey State Sales and Use Tax included in invoices.

B. Estimated Quantities (Open-End Contracts): The Fund has attempted to identify the item(s) and the estimated amounts of each item proposal to cover its requirements;

however, past experience shows that the amount ordered may be different than that submitted for proposal purposes. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and 11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED. This provision shall apply only when the proposal specifications indicate that quantities are estimated and purchases will be made on an as-needed basis

C. Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All proposals submitted shall include this cost.

D. All prices shall include full delivery costs to the locations designated by the Fund, including any required placement. Where applicable, placement may include inside delivery. No additional charges will be allowed for transportation or handling unless expressly authorized by the Fund in writing.

E. In the event of a public emergency declared at the local, state, or federal level — including, but not limited to, natural disasters, declared states of emergency, public health emergencies, or pandemics — the Fund reserves the right to extend the terms and conditions of this contract for a period not to exceed six (6) months. The contractor agrees to extend all pricing, delivery, and service terms during such emergency extensions under the same contract provisions in effect immediately prior to the declared emergency, or as otherwise mutually agreed upon in writing. This provision shall apply even if the contract would otherwise expire during the emergency period.

VII. COMPLIANCE WITH OTHER STATE LAWS AND REQUIREMENTS

The following are mandatory requirements of this proposal and contract.

A. MANDATORY AFFIRMATIVE ACTION CERTIFICATION

No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. as administered by the Division of Purchase & Property Contract Compliance and Audit Unit (hereafter “Division”) and provided below. The contract will include the language included in this specification.

1. Goods, Professional Services and General Service Contracts

Each contractor shall submit to the Fund, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

i. A Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned affirmative action program. A copy of the approval letter must be provided by the vendor to the Fund and the Division.

This approval letter is valid for one year from the date of issuance.

ii. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with N.J.A.C. 17:27 et seq. The vendor must provide a copy of the Certificate to the Fund as evidence of its compliance with the regulations. The

Certificate represents the review and approval of the vendor’s Employee Information Report, Form AA-302 by the Division.

iii. The successful proposer shall complete an Initial Employee Report, Form AA- 302 and submit it to the Division with a check or money order for $150 made payable to “Treasurer, State of New Jersey” and forward a copy of the Form to the Fund. Upon submission and review by the Division, the Report shall constitute evidence of compliance with the regulations

2. Construction Contracts Upon award of a construction contract, the contractor must access Form AA-201, the Initial Project Workforce Report. The Division of Public Contracts Equal Employment Opportunity Compliance has web-enabled Form AA-202, Monthly Project Workforce Report for Construction Contractors. Vendors and contractors may obtain these forms directly from the Division by accessing the following:

www.nj.gov/treasury/contract_compliance. Contractors and vendors are responsible for sending copies of the forms to the Fund and the Division.

Proper completion and submission of these reports shall constitute evidence of the contractor’s compliance with the regulations. Failure to submit these forms may result in the contract being terminated. The contractor also agrees to submit a copy of the Monthly Project Workforce Report, Form AA-202 once a month thereafter for the duration of the contract to the Fund and the Division. After notification of award, but prior to signing a construction contract the EEO/AA evidence must be submitted. The Fund shall retain the Affirmative Action evidence in the proposal file for review by the Division.

All successful Construction Contractors must submit the following as evidence:

i. Complete Form AA-201 (Initial Project Workforce Report).

ii. This report must be submitted to the Fund after notification of award but prior to signing a contract.

iii. The contractor shall submit Form AA-202 (Monthly Project Workforce Report) to the Fund and to the Division of Public Contracts Equal Employment Opportunity Compliance once a month thereafter for the duration of the contract.

B. NEW JERSEY ANTI-DISCRIMINATION

The contract for this proposal shall require that the contractor agrees not to discriminate in employment and agrees to abide by all anti-discrimination laws including but not limited to N.J.S.A. 10:2-1 as included in this document.

C. AMERICANS WITH DISABILITIES ACT OF 1990

Discrimination on the basis of disability in contracting for the purchase of goods and services is prohibited. If awarded the contract, the contractor is required to comply with requirements related to the Americans with Disabilities Act as provided in this specification. The contractor is obligated to comply with the Act and to hold the Fund harmless for any violations committed under the contract.

D. STATEMENT OF OWNERSHIP

N.J.S.A. 52:25-24.2 provide that no business organization, regardless of form of Ownership shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the proposal or accompanying the proposal of said business organization, proposers shall submit a statement setting forth the names and addresses of all persons and entities that own ten percent or more of its stock or interest of any type at all levels of Ownership. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the ten percent Ownership, has been listed.

The included Statement of Ownership shall be completed and attached to the proposal.

This requirement applies to all forms of business organizations, including, but not limited to, corporations and partnerships, publicly-owned corporations, limited partnerships, limited liability corporations, limited liability partnerships, sole proprietorship, and Subchapter S corporations. Failure to submit a disclosure document shall result in rejection of the proposal as it cannot be remedied after proposals have been opened.

Not-for-profit entities should fill in their name, check the not-for-profit box, and certify the form. No other information is necessary.

E. PROOF OF BUSINESS REGISTRATION

Pursuant to N.J.S.A. 52:32-44, the Fund (“Contracting Unit”) is prohibited from entering into a contract with an entity unless the proposer/proposer/contractor, and each subcontractor that is required by law to be named in a proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury.

Prior to contract award or authorization, the contractor shall provide the Contracting Unit with its proof of business registration and that of any named subcontractor(s).

Subcontractors named in a proposal or other proposal shall provide proof of business registration to the proposer, who in turn, shall provide it to the Contracting Unit prior to the time a contract, purchase order, or other contracting document is awarded or authorized.

During the course of contract performance:

1. the contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the contractor with a valid proof of business registration.

2. the contractor shall maintain and submit to the Contracting Unit a list of subcontractors and their addresses that may be updated from time to time.

3. the contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of Taxation at 609-292-6400. Form NJ-REG can be filed online at www.nj.gov/treasury/revenue/busregcert.shtml.

Before final payment is made under the contract, the contractor shall submit to the Contracting Unit a complete and accurate list of all subcontractors used and their addresses.

Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of business registration not properly provided under a contract with a contracting unit.

Emergency Purchases or Contracts. For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate within two weeks from the date of purchase or execution of the contract or prior to payment for goods or services, whichever is earlier.

F. DISCLOSURE OF ACTIVITIES IN RUSSIA, BELARUS, AND IRAN

1. Russia and Belarus Compliance (P.L. 2022, c. 3)

Pursuant to N.J.S.A. 52:32-60.1 et seq., any person or entity seeking to enter into or renew a contract with the Fund must complete the enclosed Certification of Non- Involvement in Prohibited Activities in Russia or Belarus, as issued by the New Jersey Department of the Treasury (Rev. 1.22.2024). Vendors must confirm that they do not appear on the OFAC Specially Designated Nationals and Blocked Persons List due to http://www.nj.gov/treasury/revenue/busregcert.shtml activity related to Russia and/or Belarus. This certification must be submitted with the proposal. The OFAC list is available at: https://sanctionssearch.ofac.treas.gov.

2. Iran Investment Disclosure (P.L. 2012, c. 25) In accordance with N.J.S.A. 52:32-58, vendors must also certify that they are not engaged in prohibited investment activities in Iran, as defined by law. A completed Disclosure of Investment Activities in Iran form must also be submitted with the proposal. The current list of prohibited entities is available at:

https://nj.gov/treasury/purchase/pdf/Chapter25List.pdf.

Failure to submit either certification, or submission of a false certification, may result in proposal rejection or contract termination.

If indicated by a on the Document Checklist, the following items are mandatory requirements of the proposal and contract.

G. DOCUMENT CHECKLIST

Proposer shall complete and sign the Bid Submission Document Checklist and include it in the proposal submission. For construction proposals, failure to submit the checklist is a fatal defect, and the proposal will be rejected. This document serves as a guide to proposers of the documents that are required to be submitted with the proposal.

H. NON-COLLUSION AFFIDAVIT

The Affidavit shall be properly executed and submitted with the proposal.

I. NEW JERSEY WORKER AND COMMUNITY RIGHT TO KNOW ACT

The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and Community Right to Know Law (N.J.S.A. 34:5A-1 et seq., and N.J.A.C 8:59-1.1 et seq.). All direct use containers shall bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in the container, and all other substances which are among the five most predominant substances in the container, or their trade secret registry number(s) pursuant to N.J.A.C. 8:59-5. "Container" means a receptacle used to hold a liquid, solid or gaseous substance such as bottles, bags, barrels, cans, cylinders, drums and cartons. (N.J.A.C.

8:59-1.3). Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - must be furnished. All containers which are stored at an Fund’s facilities by the contractor or subcontractors shall display RTK labeling. Vendors with questions concerning labeling should contact the New Jersey Department of Health and Senior Services Right to Know Program for assistance in developing proper labels (www.nj.gov/health/workplacehealthandsafety/right-to-know).

J. PREVAILING WAGE AND PUBLIC WORKS CONTRACTOR REGISTRATION

Pursuant to the New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.) and the Public Works Contractor Registration Act (N.J.S.A. 34:11-56.48 et seq.), all contractors and subcontractors performing work on a public project must comply with the following:

1. Prevailing Wage Compliance

Contractors and all subcontractors shall pay wages at not less than the prevailing wage rate for the trade or occupation, as determined by the New Jersey Department of Labor and Workforce Development (DOL).

• All certified payroll records must now be submitted electronically through the NJ

Wage Hub portal: https://wagehub.nj.gov.

• Payrolls must be submitted within ten (10) days of the payment of wages.

• The contractor is also responsible for ensuring that all subcontractors comply and submit certified payrolls via the Wage Hub.

2. Public Works Contractor Registration https://sanctionssearch.ofac.treas.gov/ https://nj.gov/treasury/purchase/pdf/Chapter25List.pdf http://www.nj.gov/health/workplacehealthandsafety/right-to-know https://wagehub.nj.gov/

Contractors and all listed subcontractors must be registered with the DOL and provide a valid Public Works Contractor Registration Certificate at the time of proposal submission.

• Copies of current certificates for the contractor and any listed subcontractors must be submitted with the proposal.

• Registration is required for any non-listed or lower-tier subcontractors prior to starting work.

• Submitting an application does not satisfy this requirement.

Failure to comply with either statute shall be grounds for proposal rejection or contract termination.

K. PAY-TO-PLAY POLITICAL CONTRIBUTION DISCLOSURE

Pursuant to N.J.S.A. 19:44A-20.13 et seq., business entities receiving aggregate payments of $50,000 or more from public entities in a calendar year are required to file an Annual Political Contribution Disclosure Statement with the New Jersey Election Law Enforcement Commission (ELEC).

• The disclosure must be filed annually by March 30 for the prior calendar year.

• It is the sole responsibility of the vendor to determine whether filing is required.

• Additional information and forms are available from ELEC at www.elec.nj.gov or by calling (888) 313-3532.

This requirement applies regardless of the contract award process (fair and open or non-fair and open), and failure to comply may result in penalties imposed by ELEC.

L. EQUIPMENT CERTIFICATION

Proposer shall certify on the Equipment Certification form that they control or have access to equipment necessary to do the required work if awarded the contract. If the proposer does not own or lease the equipment, a certification from the owner of the equipment that the proposer will have access to the equipment is required with the proposal. (N.J.S.A.

40:11-20)

M. CERTIFICATION OF BIDDER’S STATUS ON THE STATE TREASURER’S LIST OF

DEBARRED, SUSPENDED AND DISQUALIFIED CONTRACTORS

Proposers are required to certify that they are not presently included on the New Jersey State Treasurer’s List of Debarred, Suspended, and Disqualified Proposers.

As a condition of the award of contract, the proposer shall complete and submit a “Certification of Proposer’s Status on the State Treasurer’s List of Debarred, Suspended and Disqualified Contractors” in the form provided. The certification shall affirm, under oath, that the proposer is not presently listed and agrees to notify the Fund if it becomes so listed at any time prior to or during the performance of the contract, including any guarantee period.

Failure to provide such certification, or the appearance of the proposer or its parent company, subsidiary, or affiliate on the list maintained by the New Jersey Department of the Treasury, shall be cause for rejection of the proposal or termination of any contract entered into pursuant to this procurement.

N. CERTIFICATION OF NON-DEBARMENT FROM FEDERAL GOVERNMENT

CONTRACTS

No contract shall be awarded unless the proposer certifies that neither the proposer, nor any entity owning more than 50% of the proposer, nor any entity owned more than 50% by the proposer, is debarred from contracting with the federal government.

As a condition of award, the proposer shall complete and submit the “Certification of Non- Debarment from Federal Government Contracts” in the form provided. The certification shall also include disclosures of any parent entities or subsidiaries and their status related to federal debarment, including relationships in which one entity owns more than 50% of the other.

The proposer further agrees to notify the Fund in writing if at any time during the term of the contract or its extensions, the proposer or any controlling or controlled entity becomes debarred by any federal agency.

Failure to provide the required certification, or the submission of a false certification, shall constitute a material breach of contract and shall entitle the Fund to declare the contract null and void and seek all remedies available under law.

VIII. METHOD OF CONTRACT AWARD

A. A proposal which does not conform with the requirements of Form of Proposals or which contains any addition, condition or other irregularity is subject to the Fund's rights set forth below.

B. The Proposer acknowledges the right of the Fund to conduct a Bid verification Meeting(s) with the apparent low proposer(s) prior to contract award. The purpose of the meeting is to review in detail the requirements of the Contract Documents in order to verify the Proposer's understanding of the project, and evaluate the validity of the proposal and the proposer's ability to meet the requirements of the Contract in accordance with his proposal. The proposer further acknowledges the Fund's right of proposal evaluation set forth below and the intention to make a written record of the Bid Verification Meeting a part of the written Agreement/Contract with the Fund.

C. Should the proposer refuse to…